KIM E. WETZEL v. JAMES F. SUCHANEK (05/02/88)

Appeal from the Order of the Court of Common Pleas, Lebanon County, Civil Division, at No. 81-2662.

COUNSEL

Michael H. Small, Palmyra, for appellant.

Brosky, Montemuro and Johnson, JJ.

Author: Brosky

[ 373 Pa. Super. Page 460]

This is an appeal from the Order entered by the trial court finding appellant in contempt and imposing sanctions in action for support.

On appeal, appellant presents but one issue for our review: whether the trial court erred in finding appellant in civil contempt and imposing a jail sentence for his failure to find a job.

Upon consideration of the record and applicable case law we are constrained to reverse the order of commitment for contempt and remand for further proceedings.

The parties to this action are the parents of two minor children, a daughter, age 14, and a son, age 9. Prior to May 1985, there were various support and custody proceedings between the parties. For a period of time the custody of the children was divided between the two parents. During that time, appellee contributed to the children's support pursuant to an Order of Court. An effort was made to establish a Support Order to be paid by appellant. On June 10, 1982, an Order was entered directing appellant to report his return to employment immediately so that a temporary support order could be entered. This was never done.

On May 6, 1985 custody of both children was awarded to appellee who proceeded to seek support from appellant. At the hearing on this request for support, it was found that appellant possessed no impediments to securing employment but did exhibit a poor attitude regarding his responsibility to help support his children. It was also found that appellant's attempts to secure employment had been less than diligent.

At the conclusion of the hearing, the Hearing Officer recommended, inter alia, that, although no monetary contribution be imposed upon appellant, that appellant be required

[ 373 Pa. Super. Page 461]

to report weekly to the Domestic Relations Office in person with a signed list of prospective employers. Appellant filed exceptions which were dismissed, and, on July 7, 1987, the Hearing Officer's Recommendations were adopted and an Order was entered.

A Petition for Civil Contempt was presented on July 10, 1987 alleging appellant's failure to comply with the July 7, 1986 Order. A hearing was ...

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